dogs and court(WILL THEY TAKE OUR DOGS AWAY FOR BARKING OR WHAT WILL HAPPEN PLEASE LET US KNOW?

Question

Hello there, I just wanted to see if anyone can give me any info about my situation. I have 3 dogs that my jerk of a NEIGHBOR COULD CARE LESS FOR. he is a white man where we are mexican. we have 3 cane corsos and he has called the animal control like 7 times in 1 year, also he hsas called the cops on us for my music thats not even that loud, ( i was listening to spanish) its a little boom box, then he had call the city on us to get a stop work order on our shed my husband built since it wasn't 3 ft from the fence(not even on his side of the proprty to bug him its on the street side) then he called the cops for one of our vehichles being unregistered on the street so we got fined for that as well. well it turns out he could no longer call animal control on us since he has called too mant times for barking now he needs to take it up with the courts. so the animal control came by and said to expect something in the mail for us to go to court since the man has taken it up with the DA

ALSO TO YOU MR LAYWER FOR YOUR INFO THIS NEIGHBOR I HAVE JUST DOESN'T CARE FOR US. MY DOGS ONLY BARK WHEN SOMEONE PASSES BY. WE LIVE ON A CORNER LOT SO MANY PEOPLE PASS BY WITHE THEIR DOGS AND WALKERS OR JOGGERS AND ALSO THE MAILBX FOR EVERYBODYS MAIL IS RIGHT NEXT TO OUR FENCE. THIS IS MY HOME I WILL NOT MOVE, AND AS FOR MY SHED WE DID CHECK WITH THE CITY ABOUT THE CODES AND THEY ARE THE ONES THAT TOLD US 3 FT FROM THE FENCE AND SINCE THE SIDE THSAT IS NEAR THE SIDEWALK AND NO NEIGHBOR LIVES THERE IT MAY BE 2 FEET FROM THE FENCE, MY HUSBAND CHECKED WITH THEM 3 TIMES BEFORE GETTING IT DONE AND THEN THEY CAME OUT AND SAID IT NEED TO BE 3 FT. WELL IT TURNS OUT JACKASS NEXT DOOR ALSO HAS HIS SHED 2 FT FROM OUR FENCE AND THE OTHER NEIGHBORS FENCE SO YEP I CALLED THE CITY TODAY ON HIM SO THERE. ALSO I HAD BOUGHT BARKING COLLARS FOR MY DOGS AND I HAE NEVER GOT CITED FROM THE ANIMAL CONTROL SINCE THEY DIDN'T SEEM TO SEE A PROBLEM. EVEN WHEN THEY CAME TO MY DOOR ALL THOSE TO MY DOGS DIDNTBARK

Answer 1

Do you know yourself how much your dogs bark? Is there anyone at home at all times that could be a witness? Also, do you have any other neighbors that you know and get along with? You are going to need witnesses. You will also need all the documentation about animal control, citations etc. etc. to show that no matter what you do, the man isn't happy. Maybe he doesn't like Mexicans at all and wants you to move. Either way, you are in trouble.

Answer 2

Sadly, yes they can. You have been warned numerous times from animal control and you did nothing to correct the problem. That will not look good to the court.
Of course it won't look good to the court that he called animal control so many times and they never took the dogs away. That shows that animal control didn't see that there was a problem. Which looks good for you.
I've been involved in several court cases involving animal cruelty, but never one about noise control. It will all just depend on the judge and what ever evidence your neighbor has to present. Unfortunately, no one can predict the outcome. But I would say that your chances of keeping your dogs are good. It sounds to me like a kinder solution could be reached. Maybe you could bring your dogs inside after 9 pm or something like that. The more you try to compromise the better it will look.
I would consider moving if I were you, if it's at all possible. Living next door to some jerk like that can make your life miserable!

Good luck!

Answer 3

Yes, the will take them if you cannot show that you are controlling the situation. White, black, whatever, your neighbors have the same rights as you do, so my advice is to follow the letter of the law, then the law will be on your side. Dogs barking actually can, and do, cause property values to drop. Fix the problem, and I don't mean the "white" guy next door.

Answer 4

If you want legal advice, call a lawyer (and I'm a retired lawyer.)


If the dogs are barking and bothering the neighbors, it is a nusisance and you are in legal hot water.

Don't ahve a lot ofsympathy for some on who whines that they got fined for having an unregistered vehicle on the street.

Don't have a lot of sympathy for someone to stupid to check on the zoning code and lot line setbacks before they build a building.

You sound like an ignorant, obnoxious fool.

If you neighbor can hear your music next door, its too loud. If they can hear outside your house, its too loud,

Get some manners and stop being so rude and horrible to your neighborhood and try obeying the law..

Answer 5

OK, I had a similar thing happen to me. My neighbors took me to court and everything.

IF YOUR DOGS ARE TOO LOUD - the first step is that the police can issue you a TICKET. this is usually enough to get most people to do something about their dogs. My dogs were NOT loud and I NEVER got a ticket, though the police were called to visit me very often.

Since I ended up in county court to fight this battle, here is what I did: I kept a log. Now, I am a bit of a nerd, I also did a statistical analysis of my data, but that's not the issue. I kept a record of EVERY MINUTE MY DOGS WERE ALLOWED OUTSIDE. I kept record of any time I heard them barking and how long the duration was - usually less than a minute, because I brought them inside right away. My dogs are NOT allowed outside when I am not home (one of them jumps fences, the other digs under them) I also took note of ANYTIME I HEARD OTHER DOGS BARKING in the neighborhood. My log clearly showed my neighbors were exaggerating. My dogs were let outside early in the morning, like 6AM when I got up, but were rarely outside past 9PM. They were always let in as soon as I heard a noise, but 90% of the time they never barked at all.

The first round of the court battle was the Interrogatories... where their lawyer asked my lawyer a bunch of questions about me - I had to submit references of any place else that I lived so they could see if anyone had ever complained about my dogs (no one ever had) if I had ever been evicted because of them (nope) they called up my vet records (because they were also calling me a negligent pet owner, which my vet records disputed heavily)

On the flip side, my lawyer did the same thing, and quickly discovered that my neighbors had anxiety disorders that they were sometimes medicated for. This helped my side - all of this evidence was admitted in court (my neighbors sued me for $75,000!!) I also had letters from 11 neighbors, 4 of which came to court with me, saying my dogs were NOT a problem to them. The 4 charges he filed were nuisance, negligence, emotional injury and violation of a city noise ordinance.

The latter was dropped in court, because the police never witnessed the noise and could never issue me a ticket. The first was dropped on similar grounds. The second was dropped upon viewing my vet records, that showed I was not a negligent owner. The third - emotional injury - allowed me to use my home owner's insurance to cover the costs of my lawyer - since they were claiming they were injured by my property. The judge listened to both sides and admitted that they created the problem themselves. They said in court they couldn't sleep because they expected to hear the dogs bark. in a 3 YEAR time span, they had only recorded 3 instances of being awoken by dogs barking, and my data showed that of those 3 times, it was a different dog in the neighborhood. HECK, one of the times I was out of town and the dogs were at the kennel! So the judge dropped all the charges and told them they needed more therapy because the problem was all in their head, and they created it. They moved out shortly thereafter anyhow - it turns out they were hoping the lawsuit would cover the downpayment on their new home! HORRIBLE PEOPLE...

Answer 6

Tell the courts all of this and see if you can get them on a harassment charge? Sounds to me like this guy just doesn't like you, period.Do you have other neighbors? Have they made complaints against you? I'm sure the courts will consider every thing. Do I think they will take your dogs,I hope not. I know I wouldn't trust this guy near my dogs,always remember, there is that possibility he could try to poison your dogs. Don't leave your dogs outside unattended. There are really cruel and ignorant people in this world. I wish you all the luck in the world.

Answer 7

Excessive barking is considered to be a nuisance and that is illegal. I for one am glad of the law, I live next door to a dogs that used to bark all the time, nonstop! That in turn would make the other neighbors bark. It drove us crazy, he has a good case. Nobody likes a barking dog!

Answer 8

screw the guy next door, but fix the problem. you can get a bark collar at petco online or at the store for about $40. I invested in one, and it's great.......however the dogs need to be carefully monitored on it for the first week and you don't want to leave the collar on for long periods !!!!!!!!!

Answer 9

If you have had numerous warning about the dogs barking they can most likely take them since you have not been able to control them. Nusence barking is against the law sorry to say

Answer 10

Ihttp://www.cyberpet.com/cyberdog/articles/lexi/neighbor.htm
http://www.kirklees.gov.uk/answers/dogs/dogbarking.shtml#notnuisance
http://www.darlington.gov.uk/Environment/Your+Dog+Law/Your+dog+and+the+Law.htm


I don't think your neighbor is the problem. Sounds like you can't control your dogs. Like others have said, yes, the courts can take the dogs away.